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Home Constitutional News Courts Order on Bail plea of DK Shivakumar reserved; to be pronounced on 25th September

Order on Bail plea of DK Shivakumar reserved; to be pronounced on 25th September

Order on Bail plea of DK Shivakumar reserved; to be pronounced on 25th September
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The Bail plea of DK Shivakumar, Congress leader from Karnataka, was further heard by the special CBI judge at Rouse Avenue Court. ASG KM Natraj started the argument on behalf of the Enforcement Directorate wherein he contended that ill-acquired wealth is not dealt under the Income Tax Act and rather PMLA covers the same and hence, the requisite investigation needed to unearth the source of acquired wealth by the DK Shivakumar.

The ASG further alleged that the Mr. Shivakumar did not cooperate with the investigative agencies during the interrogation and mostly, it was an “unproductive time”. He further alleged that a lot of properties not belonging to accused have been benefitting him through relatives and family members; the sources of those properties need to be investigated. While concluding the argument for the ED, ASG mentioned that an offence under PMLA is threat to the national economy and the same should not be taken lightly.

Senior Advocate, Abhishek Manu Singhvi counters the argument by mentioning that the accused has been investigated for an about 9 hours each from last 22 days. He further mentioned that the predicate offence is not schedule offence and hence, it is compoundable. He raises doubt on the investigation of the Enforcement Directorate and stated that recovery from the accused is mere 41 Lakhs rupees while they are suggesting it to the tune of Rs. 143 Crores.

Senior Advocate Mukul Rohtagi, also present there, argued that the reputation of the accused has been intact as he has been a public figure from last few decades. He contended that if this matter would have been of terrorism or any other serious issue, the detention could have been justified. But, he failed to see any humane manner and compassion in the agencies.

After hearing the arguments from counsels of DK Shivakumar, the court reserved the order. The order would be pronounced on September 25, 2019.

— India Legal Bureau

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